When Can You Sue a Third Party for a Work-Related Injury?

For Massachusetts workers injured on the job, the exclusive legal remedy against their employer is the state’s workers’ compensation law. This offers limited benefits, such as reimbursement for medical expenses and partial lost wages. However, if a third party contributed to the accident and injury, the worker may have grounds to file a personal injury lawsuit and thereby to recover more comprehensive damages, including compensation for pain and suffering and other noneconomic losses.

Unlike a workers’ compensation claim, where fault is not an issue, suing a third party requires the injured worker to prove that the party was negligent and that their negligence directly caused the injury. In Massachusetts, the injured worker must also prove that they are less than 51 percent responsible for the accident to recover damages under the state’s comparative negligence law. 

Third parties liable for injuries sustained at work potentially include the following:

1. Manufacturer or distributor of a defective product or equipment — If an employee is hurt due to a defect in the equipment they are using, they may have grounds for a product liability claim against the manufacturer or distributor. This might involve machinery that has design flaws, which could cause injuries even if operated for its intended use and according to instructions. 
2. Contractor negligently using tools or operating equipment — Construction sites and other work environments often involve multiple contractors and subcontractors working in close proximity. If a contractor or one of their employees uses tools or operates equipment negligently, resulting in injury to a non-employee, that contractor can be held liable.
3. Contractor hired to maintain or repair equipment — Injuries can happen because equipment has not been properly maintained or repaired. If a contractor was hired to service or repair equipment but failed to do so properly and caused an accident, that contractor could be liable. For example, a contractor hired to maintain forklifts might have left them in an unsafe condition.
4. Owners and possessors of land — Property owners and managers have a legal obligation to maintain safe premises. If a worker is injured due to a hazard on the property, such as a poorly maintained walkway or a floor left wet after mopping, the owner or manager of the premises could be liable for not remediating the dangerous condition.

Feinberg & Alban, PC has had many very significant recoveries for all four of these situations.

An experienced Massachusetts workplace injury attorney can help injured workers assess whether a third party may be liable for their injury. The attorney can gather evidence, such as witness statements, expert testimony and documentation related to equipment and site conditions, to build a strong case.

Feinberg & Alban, PC aggressively pursues work injury claims against employers and third parties throughout eastern Massachusetts. We have offices at 2 Center Plaza in Boston, in Brookline and in Worcester. Please call 617-232-5950 or contact us online for a free consultation.